assault Flashcards
what did lord goff define an assult as in collin v wilcock
an assault is defined as an act done by the D which causes v to apprehend immediate unlawful foce
which judge establishes assault and what case
collin v wilcock(case)
judge - lord goff
stage 1 of assault
d must have done an act -could be words gestures or even scilence (ireland)
side rule stage 1
written text /letters/emails(costanza)
stage 2 of an assault
v must apprehend force (lamb) if there is no apprehension then there is no assault
side rule of stage 2
jokes - even jokes can amount to an assault if they cause v to apprehen fore (logden)
stage 3
the threat of force must be immediate (smith v chief of woking police
side rule of stage 3
words can negate an assault
mens rea of assault
the intention or recklesness to do an act which cause the vistim to apprehend immediate unlawful force (venna)
TIP
after stage 3 put in any causation issues
after mens rea put in any transfered malice issues